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1.  Employers don’t like to file Reports of Injury.  On the job injuries raises the Employer’s insurance rates and can disqualify them from bidding for federal contracts

2.  Employers must file Reports of Injury.  Whether they like it or not, they must fill out the Workers Compensation Report of Injury form and file it with the Board 10 days after the injury is reported to them by the worker.

3. Employers will owe the Injured Worker a penalty if it fails to report the injury timely.  The amount of the penalty is based upon the benefits paid to the Injured Worker.  It is 20% of the benefits that were unpaid when due.

4.  Insurance companies don’t like Workers Compensation claims. It eats into their profits.

5.  The “Nurse Case Manager” is hired by the insurance company to keep an eye on the Injured Worker and to “coordinate” medical treatment.  That means she tells the doctor what the insurance company will and will not pay for thereby directing treatment.

6.  It’s against the law for the insurance company to direct medical treatment.  The insurance company is not allowed to tell the doctor what he can or cannot do.  Your treatment is a decision between you and your doctor, alone.

7.  It is against the law for the insurance company to deny or refuse to pay for treatment that your doctor ordered unless they can prove they have a “good faith” basis for the refusal.  Some insurance companies drag their feet without formally controverting benefits. Meanwhile the Injured Worker can’t get the treatment he or she needs and can’t get back to work.

8.  A “good faith” basis for the refusal usually means the insurance company’s doctor (so-called “IME”) says the treatment your doctor recommended is not reasonable or necessary or not related to your work injuries.

9. There is no such thing as an “Independent Medical Evaluation”. The insurance companies regularly employ doctors who will say what they want to hear, that is, give them a reason to deny your treatment.

10. You can fight the insurance company.  You can file a Claim with the Alaska Workers Compensation Board.  You can hire an attorney.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans handling hundreds of cases. www.keenanpowell.com.

All consultations are free.  To make an appointment, use the contact form on this website or call:  907 258 7663.

 

 

 

workmenThe calculation of compensation rates for temporary total disability (TTD), temporary partial disability (TPD) or death benefits is different for seasonal employees than for year-round employees.  Year round employees are calculated based upon the best earnings they made in the preceding two calendar years.  But seasonal employees are calculated on the 12 months preceding their injuries. Further all income from all sources must be taken into consideration, so if the injured worker had more than one employer in that twelve months, that income must be considered as well.

If the injured worker's income was unstable in the preceding two years and circumstances changed just before he was injured (for instance, if he was going to school for a couple of years and then got a really good job), then he would be entitled to have his compensation rate determined based on how much other employees are making in the job in which he was injured.  But the insurance companies will pay only the minimum rate. The injured worker will need to file a claim to obtain the correct amount of money.

Keenan Powell has practiced  law in the State of Alaska for more than 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans.

All consultations are free.  If you want to set up a meeting, use the contact form on www.keenanpowell.com or call:  907 258 7663.

 

 

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Under Alaska Workers Compensation law, an injured employee is entitled to mileage reimbursement for traveling to doctors, physical therapists etc for treatment.  This year's rate of reimbursement is $.56 per mile.  That means that if you drive 5 miles one way to the physical therapist (10 mile round trip) for only 13 visits, the insurance company owes you $72.80.  Did anyone tell you that? POV_Rate_Table.

Probably not.  The way you get the reimbursement is to demand it.  You need to provide the date of the visit, where you started from, where you went and the round trip mileage.  The insurance company needs to pay you or controvert you benefit within 30 days otherwise it owes you another 25%.  Attached is a form I developed that I use in my cases to demand travel benefits.  Travel log.  Feel free to use it.

Keenan Powell has practiced  law in the State of Alaska for more than 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans.

All consultations are free.  If you want to set up a meeting, use the contact form on www.keenanpowell.com or call:  907 258 7663.

gavel-booksWhether your case is personal injury or workers compensation, all consultations are free at the Law Office of Keenan Powell.  The reason consultations are free is because injured Alaskans need to know what their rights are as soon as possible.  They need to know what to expect.  They need to know if they're being treated fairly.

Keenan Powell has practiced Personal Injury and Workers Compensation law in the State of Alaska for more than 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans.

All consultations are free.  If you want to set up a meeting, use the contact form on www.keenanpowell.com or call:  907 258 7663.

medical stuffMany times I've met with clients whose cases were damaged because they didn't take the right steps months before and their response is always, "I didn't know.  Nobody told me."

If that excuse makes you feel better, that's good but 9 times out of 10, it won't save your case.

So if you're injured at work, you need to meet with an experienced workers compensation attorney as soon as possible to find out what your rights are and what you need to be looking out for down the road.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for more than 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans.

All consultations are free.  If you want to set up a meeting, use the contact form on www.keenanpowell.com or call:  907 258 7663.

 

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Beware.  Be very aware if the insurance company is calling you in to talk about a settlement.  Remember firstly, the insurance company is about making profits.  It isn't interested in helping you.  And the adjuster just wants the file off his or her desk.  He or she doesn't care about what your needs are.

Secondly, you should be particularly worried if the insurance company controverted you and then wants to settle the claim. They're trying to get you into the office before you have time to talk to an attorney.

Thirdly, Workers Compensation settlements are practically impossible to undo.  You will have to live with the results for the rest of your life.

So before you sign a settlement, talk to a Workers Compensation attorney.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for more than 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans.

All consultations are free.  If you want to set up a meeting, use the contact form on www.keenanpowell.com or call:  907 258 7663.

medical stuffIn a series of stunning decisions from the Alaska Supreme Court and the Alaska Workers Compensation Board, it was ruled that when an insurance company stalls authorization of an injured worker's surgery, the insurance company has violated the law.

These are the dirty tricks that the insurance companies will use to stall an injured worker's needed surgery:

1.  They will claim they have no duty to preauthorize surgery.  Not true.  There is a duty to provide prompt medical treatment and to preauthorize needed surgery.  In Bockus v First Student/ Sedwick CMS AWCB Decision No 14-00400 (3/24/14), the Board ruled that when the adjuster told the doctor that the account was "open and billable" but refused to specifically authorize the surgery, it was illegal.

2.  They will claim they need an Employers Medical Evaluation (or "Independent Medical Evaluation") before they can authorize.  Again, untrue.  Although the insurance company has the right to demand an EME, it is not bound to do so.  Bockus.

3.  They will claim they need to send a letter to the doctor for clarification and cannot authorize the surgery until the doctor responds.  Again, not true.  In Kamitchis v Swan Employer/Liberty Mutual, AWCB Decision No 14-0039 (3/24/14), the Alaska Workers Compensation Board ruled that when Liberty Mutual adjuster Sam Moore failed to promptly authorize surgery, his actions were illegal.  In that case, Liberty Mutual said would not specifically authorize the surgery until the doctor responded to a letter Mr. Moore had sent him.

Under these cases, it is clear that the insurance company must tell the doctor that they will pay for the recommended surgery (preauthorize) and if they don't, they must have a legally recognizable reason and they must controvert within 30 days of the surgical recommendation.

So what do you do if the insurance company is stalling your surgery? You call an attorney and get a claim filed. The Board can order the insurance company to pay for the surgery, award you money penalties against the insurance  and order the insurance company to pay your attorneys fees.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for more than 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans.

All consultations are free.  If you want to set up a meeting, use the contact form on www.keenanpowell.com or call:  907 258 7663.

xrayHow much a doctor is paid for providing services to an injured worker in Alaska is regulated by Alaska law. Most Alaska doctors get that.  The problem comes up when an injured worker moves out of state.  It used to be the out of state doctors were paid under the Alaska fee schedule but a new bill, HB 141, which became effective a few months ago provides that out of state doctors are entitled to be paid fees pursuant to the rates set for workers compensation in their state.  HB 141.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for more than 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans.  A sample of verdicts she has obtained for Employees is found at  http://www.keenanpowell.com/settlements_wc.html.

There is absolutely no fee for a consultation, all consultations are free.  If you want to set up a meeting, use the contact form on this website or call:  907 258 7663.

 

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It is the position of most insurance companies that they do not have a duty to pay medical benefits, that the only duty they have is to reimburse the Employee for medical expenses 30 days after the Insurer received notice of the Employee’s expenditures, and that, just to be nice, the Insurer’s arrange to pay some of the medical benefits directly to the providers.

 That’s not what the law says.  The law says the insurance companies have a duty to pay medical benefits immediately on demand.  In other words, “now” means “now”. The case which said interpreted the law to hold that the benefits are due immediately is Harris v. M-K Rivers, 325 P.3d 510 ( Alaska, 2014)  decided in March of 2014 by the Alaska Supreme Court. “To determine when an employer's payments for medical care are due under the Workers' Compensation Act, for purposes of determining whether the employer is subject to a penalty for failing to timely pay amount due, payments due are more appropriately characterized as payable immediately or on claimant's demand, rather than owed as a debt.”  Id, 519. Harris v MK

So if the insurance company is dragging its feet in pre-authorizing surgery, some other medical benefit, it will owe penalties and interests and is flirting with the possibility of being referred to the Division of Insurance for an investigation.

Keenan Powell has practiced Workers Compensation law in the State of Alaska for more than 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans.  A sample of verdicts she has obtained for Employees is found at  http://www.keenanpowell.com/settlements_wc.html.

There is absolutely no fee for a consultation, all consultations are free.  If you want to set up a meeting, use the contact form on this website or call:  907 258 7663.